Orissa High Court
ABLAPL/9500/2026 of GOPINATHA SETHY @ GOPI SETHI Vs STATE OF ODISHA on 18 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9500 of 2026 CNR No. ODHC010595362026 Gopinatha @ Sethy Gopi Sethi …. Petitioner Mr. A . Das, Advocate -versus- State of Orissa …. Opposite Party Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 18.08.2026 01. 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9500 of 2026
CNR No. ODHC010595362026
Gopinatha @ Sethy
Gopi Sethi
….
Petitioner
Mr. A. Das, Advocate
-versus-
State of Orissa
….
Opposite Party
Mr. A.K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
18.08.2026
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with Spl. G.R. Case No.22 of 2021 pending on the file of learned Addl. Sessions Judge- cum-Special Judge, Sonepur arising out of Tarva P.S. Case No.159 of 2021 for commission of offences punishable under Section 20(b)(ii)(C)/29 of NDPS Act.
3. The Petitioner was before this Court in ABLAPL No.754 of 2024 and by order dated 14.03.2024 taking into account the quantity of contraband (Ganja) to the tune of 697Kgs. 610gms and keeping in view the rigors of Section
37(1)(b)(ii) of NDPS Act, this Court was not inclined to entertain the said application.
4. The subsequent application of the Petitioner was permitted to be withdrawn since the Petitioner having approached this Court in ABLAPL No.754 of 2024 was inadvertently stated to be not mentioned.
5. Learned counsel for the State opposes the prayer for pre-arrest bail.
6. Considering the nature of accusation and that the co-accused were taken to custody are facing trial, this Court is not inclined to entertain this application. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.
Ground of parity as well as the implication on account of the co-accused statement in the light of the judgment of the Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu, reported in (2021) 4 SCC 1, if pressed into service, shall be taken note of.
7. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Aug-2026 19:08:08 Signature Not Verified